Child Offenders Research Articles

PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI PELAKU KEJAHATAN

The focus of this research is to understand how the form of legal protection provided by the state to children who commit crimes. The type of research used is library research. Based on the results of the study, it is known that the form of protection for children who commit crimes is given at every stage of the juvenile criminal justice process. Starting from the arrest stage, detention stage, investigation stage, prosecution, and trial stage, as well as during the coaching period. Another form of protection is efforts to settle criminal cases outside the trial, namely children's cases are always pursued through diversion and this is required to be done at every stage of the juvenile criminal justice process. The purpose of providing legal protection to child offenders is also the implementation of respect for the perpetrators' human rights so that they are not psychologically disturbed, have legal certainty, and to avoid arbitrary and unfair treatment.
 

Humanization of the process of raising minors in the Russian Empire shelters: historical and cultural analysis

The article discusses the problem of reforming criminal legislation in relation to juvenile offenders in the Russian Empire in the late XIX-early XX centuries. At that time, among the "judges of justice", who were based on ideas of humanity, values of a child’s personality, protection of his or her rights, the idea of changing the existing criminal legislation in relation to the child offender arose. One of the key issues in the article is consideration of the justification of the terms of staying children in correctional institutions. In order to ensure the rehabilitation of juvenile offenders in colonies-shelters, the authorities of the country attempted to amend some legislative acts. This had a great impact on the organization of juvenile justice, reflected in the practical activities of educational and correctional institutions of the Russian Empire in the late XIX-early XX centuries. The innovations in the criminal legislation became a big step towards the humanization of the process of raising delinquent children in pre-revolutionary asylum colonies. That was the first time that a child was considered not as an object, but as a subject of the pedagogical process, an individual with rights. The activities of educational and correctional institutions ceased to be punitive and were directed towards human treatment of children.

The Criminal Offence of Child-on-Child Abuse With a Fatal Outcome

This research aims to analyse the legal protection for the child offenders in criminal offence of abuse with a fatal outcome, the judge's considerations in imposing imprisonment for the offence and the obstacles in the crime. Data obtained through empirical legal research. This research uses primary data obtained from empirical legal research in the form of interviews with respondents and informants and combines legal materials such as textbooks, theories, laws and regulations which are considered as secondary data. The results of the research showed that the legal protection provided to the child convicts is in the form of identity confidentiality, is treated well during the investigation process, is placed in a special place, the Judges in making considerations always refer to the mitigating factors such as the juvenile's age, the juvenile's mental state, the juvenile's background, the juvenile's family attitude and aggravating things such as a bad juvenile's life history and parents who are unable to educate them.. The things that indirectly hinder the process of settling this case are the parents negligence, lack of cooperation from both parties, and also the influence of gadgets. It is recommended to the law enforcement officers and Juvenile’s Special Development Institute should continue to cooperate in carrying out legal protection for child perpetrators according to applicable rules, the judge before imposing a prison sentence should prioritize the best interests of the child and to parents should contributing better in control the children's behavior.

Penyelesaian Perkara Tindak Pidana Penganiayaan Dengan Pelaku Anak Menurut Undang-Undang Nomor 11 Tahun 2012

Introductioan: Cases of criminal abuse with child offenders, the form of settlement is a restorative justice approach through diversion, which is an initial step in the settlement process before proceeding to the next legal process.Purposes of the Research: This study aims to analyze and discuss the form of settlement of cases of criminal abuse with child offenders according to Law Number 11 of 2012.Methods of the Research: The type of research used in this research is Normative Juridical. Approach the problem using a statutory approach (statute approach), conceptual approach (conceptual approach) and a case approach (Case approach). Sources of legal materials include primary legal materials and secondary legal materials. The technique of collecting legal materials through documentation studies and analysis of legal materials uses qualitative analysis.Results of the Research: The research results show In if the settlement of a criminal case of persecution through diversion is successful in peace between the parties, the report will be withdrawn because there has been a mutual agreement in the settlement that has been carried out. Not all of these settlement processes with diversion can run smoothly and have succeeded in reaching a peace agreement between the parties. If in the event that the diversion process does not result in a peace agreement or the diversion agreement is not implemented, the juvenile criminal justice process will proceed to the Court and the settlement of cases of criminal abuse with child perpetrators is in accordance with Law No. 11 of 2012. However, in the settlement of cases of criminal abuse with child offenders there are still obstacles faced by law enforcement officials and the parties in litigation.

A Legal Review of the Criminal Acts of Children Performed by Children

The crime of murder committed by a child is seen as a crime that takes the life of another person. Children who are shoots, the potential and successor to the ideals of the nation's struggle, of course, cannot be simply punished by the act of murder, he did even though the deed this has taken the lives of other people, considering the function and role of children itself. This paper described a factors that cause criminal acts the murder of children committed by children, legal sanctions for perpetrators of criminal acts child homicide by children, and the role of the police in tackling the crime of child homicide committed by children. This type of research is empirical juridical research, using data from field studies obtained through interviews with M. Ali Ahmadi, as an investigator of the Binjai Police, and also supported by literature study data, so that the data is collected and then analyzed qualitatively. Factors causing the crime of child homicide committed by children consist of factors during the growth of the attitude and mentality of children who are not yet stable, factors family environment, school environment, social environment, and media factors mass or social media. The legal sanction is imprisonment with the threat deducted by the adult penalty. The role of the police in tackling the crime of child homicide, namely preventively is actions taken to prevent or maintain the possibility of occurrence crime. While repressive is an attempt to emphasize the number of crimes by punishing criminals and trying to do the deed by correcting the child offender. The role of the police in tackling the occurrence of child homicides carried out by children, namely, the police should be able to play a more active role in collaborate with other agencies to provide awareness counseling law to the community to better supervise the association of children so as not to fall into the incitement of those around him who are not good, especially related to indication of a murder committed by a child.

What of the Child? Preventing the Publication of Children's Names After the Age of 18

Children are afforded a number of protections when they encounter the criminal justice system. The need for special protection stems from the vulnerable position children occupy in society. When children form part of the criminal justice system, either by being an offender, victim, or witness, they may be subjected to harm. To mitigate against the potential harm that may be caused, our law provides that criminal proceedings involving children should not be open to the public, subject to the discretion of the court. This protection naturally seems at odds with the principle of open justice. However, the courts have reconciled the limitation with the legal purpose it serves. For all the protection and the lengths that the law goes to protect the identity of children in this regard, it appears there is an unofficial timer dictating when this protection should end. The media have been at the forefront of this conundrum to the extent that they believe that once a child (offender, victim, or witness) turns 18 years old, they are free to reveal the child's identity. This belief, grounded in the right to freedom of expression and the principle of open justice, is at odds with the principle of child's best interests, right to dignity and the right to privacy. It also stares incredulously in the face of the aims of the Child Justice Act and the principles of restorative justice. Measured against the detrimental psychological effects experienced by child victims, witnesses, and offenders, this article aims to critically analyse the legal and practical implications of revealing the identity of child victims, witnesses, and offenders after they turn 18 years old.

Kajian Hukum Terhadap Anak Berhadapan Hukum Dalam Tindak Pidana Pencurian Menurut Undang-Undang No. 11 Tahun 2012 Tentang Pengadilan Anak

Children are an inseparable part of human survival and the survival of the nation and state. In the Indonesian constitution, children have a strategic role that is expressly stated that the state guarantees the right of every child to survival, growth and development as well as protection from violence and discrimination. Therefore, the best interests of children should be lived out as the best interests for the survival of humanity. The legal consequences of criminal acts of theft committed by children are reviewed in accordance with Law No. 11 of 2012 and based on decision No. 67 / Pid.Sus-Anak / 2017 / PN.Mdn is imprisonment for two years because child offenders are proven to have committed theft by violence. Consideration of the judge on Decision No. 67 / Pid.Sus-Anak / 2017 / PN.Mdn in terms of imposing punishments on the perpetrators of criminal acts of theft committed by children is that the acts committed have fulfilled the elements in the indictment, namely Article 365 paragraph 1 to 1e and the second Criminal Code, and consider incriminating matters, namely the actions of the perpetrators disturbing the community and harming the victim and considering mitigating matters, namely the defendant is polite and has never been punished.

The Role of Education and Schools in Crime Prevention among Child Offenders in Malaysia: Moving forward

Children subjected to suspensions and expulsions from schools are often more susceptible to truancy and anti-social behaviour. Therefore, the objectives of this paper are (a) to examine the adequacy of the existing legal framework in providing effective crime prevention measures in schools and whether the laws are meeting the international legal framework; and (b) to propose viable crime prevention measures that help address the disciplinary problems in schools. A qualitative study is undertaken to meet these objectives, and the findings from this study can help schools develop more holistic measures in addressing disciplinary cases of children in schools. Keywords: disciplinary cases; punishments, restorative justice; juvenile justice system. eISSN: 2398-4287 © 2021. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia. DOI:

The Legal Protection Against Children Through A Restorative Justice Approach

The purpose of this research is to save the future of child offenders who are in conflict with the law. This research is expected to provide a better understanding of the importance of handling child criminal cases outside the formal legal channels to ensure and respect the dignity of the child, the best interests of the child by paying attention to justice for victims Currently, the handling of juvenile criminal cases through Restorative Justice is regulated in Article 52 of Act No. 11 of 2012 concerning the Juvenile Criminal Justice System. The research approach method used is Normative research methods, namely research on criminal law norms contained in Indonesian criminal legislation. The conclusion of this study is that society is expected to be more understanding if children are legal subjects and national assets, as part of the younger generation, children play a very strategic role as the next generation of a nation. In the context of Indonesia, children are the successors to the ideals of a nation's struggle. This strategic role has been recognized by the international community to give birth to a convention which essentially emphasizes the position of the child. A child by nature still has reasoning power that is not yet good enough to distinguish between good and bad things. Crimes committed by children in general are a process of imitating or being influenced by adults.

The Right of child offenders to intermediary assistance in the criminal justice system: A South African perspective

The right of a child offender to participate effectively in criminal proceedings is a fundamental aspects of a right to a fair trial and is guaranteed in the Constitution of the Republic of South Africa, 1996 as well as in international instruments, including the United Nations Convention on the Rights of the Child. An arguments is made that ensuring that this right is fully realised at domestic level, allowances should be made for child offenders to be included in the provisions of section170A of the Criminal Procedure Act 51 of 1977. Section 170A makes allowances for the use of an intermediary by witnesses and victims when presenting testimony in criminal proceedings. It is argued that the best interest of the child principles as well as other rights such as the right to dignity and equality enshrined in the Constitution and guaranteed in international instruments warrants the inclusion of child offenders in the enabling legislation. An interpretation and implementation of Section 170A of the Criminal Procedure Act in line with the Constitution and international instruments that gives recognition to the child offender’s vulnerability and enforces the best interests of the child offender is accordingly advocated

Parental Responsibility Toward Child as Criminal Offender in Indonesian Criminal Reform

Parents as the first guardian of the child make their role irreplaceable for children. The negligence of parents in interpreting their role as caretakers of children can have an impact on children's development. True children do not have the ability to plan a crime. ABH is more accurately seen as a victim. This study reveals the responsibility of parents to child offenders of criminal offenses in Indonesian law today and its reforms in the future. This study uses a qualitative approach and normative juridical research methods. Code No. 11 of 2012 concerning the Juvenile Criminal Justice System implies the use of Restorative Justice in every settlement of juvenile crime. There is no formal legality of parents' responsibility for criminal acts committed by children, however, the Law on the Criminal Justice System for Children only regulates the responsibility of parents in the form of compensation in terms of diversion. The principle of Vicarious Liability can be applied to child crimes in the future. The principle of Vicarious Liability can be clearly stated in the regulations relating to juvenile punishment. The principle of vicarious liability can be applied to parents for criminal acts committed by children in the context of the transfer of criminal acts, based on legal objectives, namely justice, certainty and legal usefulness in the application of criminal law in Indonesia.

Kajian Hukum Kualifkasi Sanksi Kebiri Kimia Sebagai Sanksi Tindakan dalam Hukum Pidana di Indonesia

Castration is an action given to perpetrators of sexual crimes against children, in addition to imprisonment and fines. The purpose of this article is to find out the basic differences between criminal sanctions and action sanctions, to know the position of castration as an action sanction in criminal law and to analyze the castration penalty does not apply to children as perpetrators of sexual crimes. This research uses doctrinal legal research. Sources of legal information use primary legal materials (regulations and relevant documents) for further qualitative analysis. The approach used is statutory, conceptual, and analysis to help solve the problem formulation. The results of the research show that, at first glance, criminal sanctions and sanctions are often vague to distinguish, but at the level of basic ideas, there are very clear differences between the two types of sanctions. The reactive nature of an act is contained in the criminal sanction which connotes giving an affliction, while the anticipatory nature of the perpetrator of the act is contained in the sanction of action which connotes giving a remedy. The position of castration in the criminal system in Indonesia is not a principal, additional or a burden, but includes a sanction of action. Actions in the form of chemical castration are exempted for child offenders.

MEKANISME DIVERSI TERHADAP ANAK PECANDU NARKOTIKA DITINJAU DARI UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK

This research is entitled The Application of Diversion to Children of Narcotics Addicts in terms of Law Number 11 of 2012 concerning the Child Criminal Justice System. Furthermore, the formulation of the problems raised in this thesis are first, how to handle and procedure for giving diversion to children of Narcotics crime perpetrators in Gresik Regency. Second, whether the implementation of Diversion is in accordance with Law Number 11 of 2012 in Gresik Regency. Then the result of the research shows that the diversion mechanism for child offenders of narcotics offenses can be taken on several levels. The first level is the level of investigation in the form of deliberations among them: investigator deliberation, family deliberation and community deliberation. Furthermore, diversion must be carried out at every level of examination, both investigation, prosecution and trial, if the Diversion process is successful before the trial stage, the Investigator and Public Prosecutor will submit the results of the Diversion to the Head of the District Court to make an Determination and based on this Determination the Investigator and Public Prosecutor can issue SP3 (Letter of Order to Stop Investigation) and Decree of Termination of Prosecution. If the Diversion process succeeds in the trial stage, the Minutes and results of the Diversion shall be submitted to the Head of the District Court to make a decision on the termination of the case as for the legal action taken against the child who is a drug addict who fails to diversify, namely in the form of guidance

Diversion As A Crime Solution Towards Child Crime Prepertrator

Diversion efforts is an alternative solution for the sake of realizing children's interests and protecting the future of children from the destructive effects of imprisonment, which stigmatize criminals in the eyes of the community, but all of these have not been maximally realized because there is a court decision in the Lampung region itself which still applies sanctions punishment as an effective method of providing a deterrent effect on children. Based on this, this research's main problem focuses on implementing diversion for children as a criminal solution for juvenile offenders and whether diversion is an instrument in realizing the best interests of children. This research uses a juridical empirical, and normative juridical approach. The results of the discussion are in this research, namely that in the principle of the best interests of children as a criminal solution for child offenders, diversion is one of the instruments in realizing the best interests of the child considering that diversion instruments for children can improve the child's image from the impression of a criminal. The advice that can be given is that law enforcers should prioritize the principle of the child's best interests in every legal process rather than prioritizing repressive actions that lead to imprisonment sanctions and eliminating children's rights such as protection of their future.

The Role of the Correctional Hall of Serang in the Settlement of Child Offender Through Diversion in Juvenile Justice System

Child imprisonment turns out to not be able to prosper children and interfere with children's growth and development. Children's rights are recognized globally through the Convention on the Rights of the Child through Presidential Decree Number 36 of 1990 concerning Ratification of the Convention on the Rights of the Chilid (Convention on the Rights of the Child). The research method used is normative juridical using a statutory approach and a case approach. How is Bapas' war in resolving children in conflict with the law, through a diversified approach at the stage of investigation, prosecution and examination in court, as well as whether the obstacles in solving children's cases conflict with the law through diversion at the stage of investigation, prosecution and trial in court. The role of Bapas Class II A Serang in Resolving Children in Conflict with the Law through Diversion at the stage of Investigation, Prosecution and Court Examination, is to make Community Research Reports and supervise children in conflict with the law.

C CRIMINAL LIABILITY AGAINST CHILDREN AS OFFENDERS OF NARCOTICS ABUSE BASED ON THE DECISION OF THE TEBING TINGGI DISTRICT COURT NO. 21/PID.SUS-ANAK/2018/PN.TBT

The development of narcotics abuse is increasingly increasing. The government has issued regulations governing the handling of children as perpetrators of criminal acts of narcotics abuse, namely Law No. 35 of 2009 concerning Narcotics and Law No. 11 of 2012 concerning the Juvenile Criminal Justice System. This study will examine and analyze the Tebing Tinggi District Court Decision No. 21/Pid.Sus-Anak/2018/PN.TBT., Which has been decided by the judge for action against the child perpetrator of the crime of narcotics abuse, even though in the case diversion can be carried out, but not done. The problems in this study, namely: the criminal responsibility of child offenders of criminal offenses of narcotics abuse based on the Narcotics Law and the Child Criminal Justice System Law; analysis of decisions used as examples of cases in this study. This research is a descriptive normative legal research analysis. The data used are secondary data and empirical data. Furthermore, analyzed using qualitative analysis methods. The results showed that: First, the criminal act of narcotics crime based on the Narcotics Law and the Juvenile Criminal Justice System Law in both laws have narcotics crime; Second, Tebing Tinggi District Court Decision No. 21/Pid.Sus-Anak/2018/PN.TBT., Diversion was not attempted, which the Law Enforcement Officials, investigators, public prosecutors, and judges can seek diversion based on Article 7 of the Juvenile Criminal Justice System Law to avoid children from the judicial process, but not carried out.

Treatment of child offenders under the Child Rights Law of Lagos State in some selected custodial institutions

The main objective of this study was to assess the care of children and child offenders in particular under the Child Rights Law (CRL) of Lagos State in some selected custodial institutions. The study adopted a triangulation approach to collect both primary and secondary data from four purposefully selected Special Correctional Centres between 7th July and 30th September, 2013. Social welfare officers in charge of these custodial institutions were interrogated. Findings revealed that only two Special Children’s Centres had child offenders. Other results include poor living conditions, inadequate recreational facilities, regular visits from parents/guardians and formal and informal education as stipulated in section 52 and 224 (1) of CRL respectively. Major challenges were poor data base, poor security of the premises, shortage of skilled staff and lack of funds and awareness of the services of custodial institutions. Organisation of awareness campaigns, recruitment and capacity building for staff, improvement of living conditions to meet the CRL standard, among others, are recommended.

A case study on academic and vocational training for child offenders undergoing a multisystemic therapy-based rehabilitation order in Malaysia

Education and vocational training play a crucial element in the rehabilitation process of child offenders. They develop valuable characters of an individual, contributing to a long-term positive impact that includes a brighter future and life opportunities. This paper discusses the importance of the Multisystemic therapy (MST) approach, particularly its academic and vocational training input, as a rehabilitation component for child offenders. Based on a case study in Kuala Lumpur that examines the practice of restorative justice in Malaysia's juvenile justice system, the study emphasizes a community-based rehabilitation program that underlies the MST approach in promoting educational and vocational training for child offenders to show the significant link between social rehabilitation and academic and vocational training. The study confirms that all child offenders who participated in the study had dropped out of school. These individuals did not receive either academic education or vocational training throughout the rehabilitation process in the community. Therefore, this study suggests that the local community-based rehabilitation program for child offender genuinely follow the MST approach, mainly its academic and vocational training input. This suggestion is critical to ensure that the country's juvenile justice system grants all child offenders the opportunity to pursue an academic education or vocational training. It is vital for their future development.

Protection of Child Offenders at the Pre-Trial Process in Malaysia: Are We Doing Enough?

The adverse effects of the pre-trial process on child offenders are damaging, particularly on their mental, emotional and physical developments. This study adopted the qualitative design, and the results indicate that the majority of the child offenders affirmed that they were subjected to some forms of ill-treatment during the pre-trial process, particularly during the investigation stage, where they are subjected to questioning. Thus, the results can facilitate the policymakers in strengthening and developing the current laws and policies and to introduce diversion programmes as an alternative to the juvenile justice system in Malaysia. Keywords: pre-trial process; questioning, juveniles; ill-treatment. eISSN: 2398-4287© 2020. The Authors. Published for AMER ABRA cE-Bsby e-International Publishing House, Ltd., UK. This is an open access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia. DOI: https://doi.org/10.21834/ebpj.v5iSI3.2571

The effectiveness of the implementation of diversion on children who conflict with the law at the level of the state court in gorontalo province

Diversion is a step or legal remedy aimed specifically at children who are in conflict with the law. As perpetrators of criminal acts, children need to be treated differently from adults. This is due to the psychological condition of children who are considered unable to accept criminal sanctions. Even children who have committed criminal acts, Act No. 11 of 2012 on the Criminal Justice System Children continue to provide collateral in the form of diversion efforts so that children avoid criminal prosecution. Diversion is carried out at the police, attorney and court levels. Not all cases of child offenders who enter the PN level can be diversified because there are already rules in the SPPA Law, Perma No. 4 of 2014 and PP. 65 of 2015. Likewise in the implementation of diversion at the District Court level in Gorontalo Province, some were successful and some were not. This study aims to determine the effectiveness of the implementation of diversion to child offenders at court level in Gorontalo Province. As well as to find out the obstacles in the implementation of diversion against child offenders at the District Court level in Gorontalo Province.